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2015 Jul 07 - CC MINREGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JULY 7, 2015 — 5:00 PM 5:00 P.M. SESSION CALL TO ORDER — Mayor Fuentes at 5:02 PM ROLL CALL Mayor Fuentes - Present Mayor Pro Tern Jacobson - Present Council Member Atkinson - Present Council Member Fellhauer - Present Council Member Dugan - Present PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) None SPECIAL ORDER OF BUSINESS: 1. Consideration and possible action to appoint the City Manager as the real property negotiator for purposes of potentially extending the lease term on the City's Residential Sound Insulation Program's offices located at 333 Main Street, El Segundo. MOTION by Council Member Fellhauer, SECONDED by Mayor Pro Tern Jacobson to appoint the City Manager as the real property negotiator for purposes of potentially extending the lease term on the City's Residential Sound Insulation Program's offices located at 333 Main Street, El Segundo. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Mayor Fuentes announced that Council would be meeting in closed session pursuant to the items listed on the Agenda. CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et seq.) for the purposes of conferring with the City's Real Property Negotiator; and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators; as follows: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(d) (3): -2- matter 1, City of El Segundo vs. City of Los Angeles, et.al. LASC Case No. BS094279 2, Penuelas vs. City of El Segundo, LASC Case No. BC523072 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(d) (2) and (3): -1- matter. Initiation of litigation pursuant to Government Code §54956.9(d)(4): -1- matter. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -0- matter APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957): -0- matter PUBLIC EMPLOYEMENT (Gov't Code § 54957) -0- matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6):-8- matters Employee Organizations: Police Management Association; Police Officers Association; Police Support Services Employees Association; Fire Fighters Association; Supervisory and Professional Employees Association; City Employees Association; Executive Management Group (Unrepresented Group); Management/Confidential Group (Unrepresented Group) Agency Designated Representative: Steve Filarsky and City Manager CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -1- matters Negotiation of price and lease term for property located at 333 Main Street, El Segundo (City's current Residential Sound Insulation Offices. Real Property Negotiator: City Manager Property Owner /Lessor: David and DeRosa Physical Therapy, Inc. Adjourned at 6:55 PM 2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JULY 7, 2015 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor Fuentes INVOCATION — Pastor Rob McKenna, The Bridge PLEDGE OF ALLEGIANCE — Council Member Atkinson PRESENTATIONS a) Southern California Edison update by Ray Pope, Region Manager and Jeffery Kennedy, District Manager spoke concerning power outages that occurred on June 8, 2015 and how residents can handle damage claims. ROLL CALL Mayor Fuentes - Present Mayor Pro Tern Jacobson - Present Council Member Atkinson - Present Council Member Fellhauer - Present Council Member Dugan - Present PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Spencer Bauer, resident, gave a power point presentation concerning Richmond Street Improvement Project. John Alden, resident, spoke concerning the Richmond Street Improvement Project. Sam Pena, Republic Disposal, invited the residents to the Bi- Annual Shred Event on Saturday, July 11, 2015 from 10:00 am —1:00 pm. Andy Powell, President of the El Segundo Fire Fighter Association and Brandon Browning, President of the El Segundo Police Officer Association, the two organizations together donated $5000.00 to the upcoming Special Olympics. Sheila Fowler, resident and President of ES Rotary, thanked the Council and City for their help with the Movie in the Park event taking place on Saturday, August 1, 2015. Mike Robbins, resident, in favor of making salary cuts to the Fire and Police Departments. Lance JaRue, resident, not in favor of making salary cuts to the Fire and Police Departments. Melissa Brankovic, resident, not in favor of making salary cuts to the Fire and Police Departments. Rex Vian, resident, not in favor of making salary cuts to the Fire and Police Departments. 3 Lisa Abbate, resident, not in favor of making salary cuts to the Fire and Police Departments. Tara Van Buskirk, resident, not in favor making salary cuts to the Fire and Police Departments. Nate Lemmerman, resident, not in favor of making salary cuts to the Fire and Police Departments. Marc Rener, resident, in favor of making salary cuts to the Fire and Police Departments. Nate Chittick, resident, not in favor of making salary cuts to the Fire and Police Departments. Marty Smith, resident, not in favor of making salary cuts to the Fire and Police Departments. CITY COUNCIL COMMENTS — (Related to Public Communications) Mayor Fuentes stated the City will post the 11 City Salary Survey, all City employee W2's for the year 2012/2013, Current Consumer Price Index, and the CalPERS rate history and in addition, the City is willing to post the offers made to each Association and each Associations counter offers with each Associations written permission. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. MOTION by Mayor Pro Tern Jacobson, SECONDED by Council Member Fellhauer to read all ordinances and resolutions on the Agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING) Consideration and possible action regarding adoption of an Urgency Ordinance and Ordinance amending El Segundo Municipal Code Title 10, Chapter 5, Water Conservation, and a resolution declaring a Level 2 Drought Response. (Fiscal Impact: None) Mayor Fuentes stated this was the time and place to receive testimony regarding adoption of an Urgency Ordinance and Ordinance amending El Segundo Municipal Code Title 10, Chapter 5, Water Conservation, and a resolution declaring a Level 2 Drought Response. City Clerk Weaver stated that proper notice had been given in a timely manner and that written communication had not been received in the City Clerk's office. Greg Carpenter, City Manager, introduced the item, 12 Stephanie Katsouleas, Public Works Director, gave a presentation. Mayor Fuentes announced the public hearing is now open for public comment. Mike Robbins, resident, not in favor of rushing into passing the Ordinances amending El Segundo Municipal Codes on Water Conservation. Marc Rener, resident, concerned with possible penalties for not conserving water and concerned with what will be used to benchmark water usage. LuAnn DeRing, resident, looking for clarification on the proposed Ordinances. Mayor Fuentes closed the Public Hearing Council discussion Stephanie Katsouleas, Public Works Director answered questions from Council and clarified the questions asked during public comments on this item. Mark Hensley, City Attorney, read by title only: ORDINANCE NO. 1508 AN URGENCY ORDINACE ENACTING WATER CONSERVATION MEASURES AND REQUIREMENTS IN ACCORDANCE WITH EMERGENCY REGULATIONS PROMULGATED BY THE CALIFORNIA STATE WATER RESOURCES CONTROL BOARD. MOTION by Council Member Fellhauer, SECONDED by Mayor Pro Tern Jacobson to adopt Ordinance No. 1508. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Mark Hensley, City Attorney, read by title only: ORDINANCE NO. 1509 AN ORDINANCE ENACTING WATER CONSERVATION MEASURES AND REQUIREMENTS IN ACCORDANCE WITH EMERGENCY REGULATIONS PROMULGATED BY THE CALIFORNIA STATE WATER RESOURCES CONTROL BOARD. Council Member Fellhauer introduced Ordinance No. 1509. Second reading and the potential adoption of the Ordinance is scheduled for July 21, 2015. Mark Hensley, City Attorney, read by title only: RESOLUTION NO. 4924 A RESOLUTION DECLARING A LEVEL 2 DROUGHT RESPONSE AND DIRECTING THE CITY MANAGER TO IMPLEMENT WATER CONSERVATION MEASURES IN ACCORDANCE WITH SECTION 10 -5 -22 OF THE EL SEGUNDO MUNICIPAL CODE,. MOTION by Council Member Atkinson, SECONDED by Mayor Pro Tern Jacobson to adopt Resolution No. 4924. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 C. UNFINISHED BUSINESS 2. [CONTINUED ITEM #2 FROM JUNE 16, 2015 CITY COUNCIL MEETING] Rescission of Brown Act Commitment - In Accordance with Government Code Section 54960.2 (e), consideration and possible action to rescind the commitment made by the City Council on November 5, 2013, not to hold further closed session meetings regarding real property negotiations with regard to ESCenterCal, LLC's ( "CenterCal ") proposal to enter into a Due Diligence and Ground Lease Agreement ( "Agreement ") to lease the driving range portion of the Lakes Golf Course from the City for the purpose of developing a Top Golf facility. (Fiscal Impact: unknown — depends on whether legal proceedings are commenced.) 3. [CONTINUED ITEM #3 FROM JUNE 16, 2015 CITY COUNCIL MEETING] Consideration and possible action to provide preliminary comments and receive and file the draft Due Diligence and Lease Agreement between the City of El Segundo and CenterCal, LLC, with regard to the operation of a Top Golf facility on the driving range portion of the Lakes golf course and redesign of the golf course. (Item will be brought back for further discussion and possible action at a future Regular or Special City Council Meeting.) (Fiscal Impact: None) OPENED ITEMS C2 AND C3 CONSECTIVELY Mark Hensley, City Attorney, introduced and outlined items C2 and C3. Council Discussion Mark Hensley, City Attorney, answered and clarified questions from Council. MOTION by City Council Member Atkinson, SECONDED by Mayor Pro Tern Jacobson to continue item C2 to the regular meeting on July 21, 2015. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 An updated report on item C3 will be made at the July 21, 2015. D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS 4, Consideration and possible action regarding a recommendation from the Senior Citizen Housing Board Corporation Board of Directors to amend the Corporation's bylaws and reduce its authorized number of directors from seven to five. (Fiscal Impact: None) Greg Carpenter, City Manager, introduced the item. Jim Latta, Senior Housing Board, recommends approving the Board of Directors recommendation to amend the bylaws. MOTION by Council Member Fellhauer, SECONDED by Mayor Pro Tern Jacobson to approve the recommendation from the Board of Directors to amend the bylaws of the Senior Citizen Housing Board Corporation to reduce the authorized number of Directors from seven to five. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business. 5. Approve Warrant Numbers 3006491 through 3006733 on Register No. 18 in the total amount of $1,590,559.02 and Wire Transfers from 6/1/2015 through 6/14/2015 in the total amount of $3,251,512.07. Authorized staff to release. Ratified Payroll and employee Benefit checks; checks released early due to contracts or agreement; emergency disbursements and /or adjustments; and wire transfers. 6. Approve Regular City Council Meeting Minutes of June 16, 2015 and Special City Council Meeting Minutes of June 16, 2015. 7. Waive the bidding process per El Segundo City Code §1 -7 -10 and authorize the Fire Department to piggy -back on a Los Angeles County Internal Services Department Purchasing Division's contract RFB IS- 15200475 -1, for the purchase and preventative maintenance of four (4) replacement monitors manufactured by Zoll Medical Corporation. (Fiscal Impact: $117,338.46) 8. Waive informal bidding procedures and award a Services Agreement No. 4879 for custodial services for City of El Segundo building facilities to J &L Building Maintenance, in a form approved by the City Attorney, for $176,569 for the first year, with a 3% annual escalation for an additional four years. (Fiscal Impact: $176,569 the first year, with a proposed 3% annual escalation for an additional four years) 7 9. Authorize the City Manager to execute a first amendment to Agreement No. 4858A, in a form approved by the City Attorney, with MV Cheng & Associates to continue to provide professional, technical, and consulting support as the City's Interim Finance Director as stated in Exhibit A of the agreement, extend the term of the agreement to December 31, 2015 and modify and increase the total amount of the Agreement to $125,000.00. ($100,000.00 in General Fund and $25,000.00 in Internal Service Funds. (Fiscal Impact: An additional appropriation of $46,500.00 is needed in General Fund. An appropriation of $11,500.00 is needed in Internal Service Funds.) 10. ITEM MOVED TO A FUTURE MEETING. 11. Approve a thirty (30) day provisional appointment extension for the position of Interim Deputy City Clerk II in the City Clerk's office. (Fiscal Impact: No Fiscal Year 14/15 Impact) MOTION by Council Member Fellhauer, SECONDED by Mayor Pro Tern Jacobson to approve Consent Agenda items 5, 6 (corrected minutes), 7, 8, 9, and 11. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 F. NEW BUSINESS 12. COUNCIL CONSENSUS: ITEM MOVED TO A FUTURE MEETING. Greg Carpenter, City Manager, moved this item to the July 12, 2015 City Council Meeting. G. REPORTS — CITY MANAGER - None H, REPORTS — CITY ATTORNEY - None REPORTS — CITY CLERK — None J. REPORTS — CITY TREASURER — Not Present K. REPORTS — CITY COUNCIL MEMBERS Council Member Fellhauer — None Council Member Atkinson — Mentioned the Special Olympics coming up July 21 -26th and thanked all the volunteers and committee members. Check out the upcoming Herald for a schedule of events. Council Member Dugan - None Mayor Pro Tern Jacobson — None Mayor Fuentes — Thanked the Police Department, the Fire Department, Recreation and Parks Department and Public Works for all their time to help make the City's 4th of July a great one! Also thanked the sponsors who enable our City to have a wonderful 4th of July Celebration. Mentioned the Lundquist Tower at Torrance Memorial and thanked the Lundquist's for their generosity in donating the Tower. PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Mike Robbins, resident, spoke against our Public Safety Departments recent campaign pertaining to compensation. Mark Rener, resident, spoke concerning the recent use of El Segundo's Paramedic services and the practice of charging one's insurance company for the service. Spencer Bauer, resident, continued his presentation pertaining to the Richmond Street Improvement Project. Mayor Fuentes asked the City Manager to look into the Main Street Parking structure cleaning schedule and maintenance, as mentioned in Mr. Bauer's presentation. MEMORIALS — None ADJOURNMENT at 9:32 PM f, racy °'aver, City +le 9